Eastern District of California • 1:26-cv-01319

(HC) Diaz Fuentes v. Noem

Active

Case Information

Filed: February 15, 2026
Assigned to: Troy Lynne Nunley
Referred to: Dennis M. Cota
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Active
Last Activity: February 17, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 15, 2026
PETITION for WRIT of HABEAS CORPUS against Responents by Osbeli Raquel Diaz Fuentes. (Filing fee $ 5, receipt number ACAEDC-12909673) (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Petitioner, # 3 Exhibit A, # 4 Exhibit B)(Reynolds, Keli) (Entered: 02/15/2026)
Main Document: PETITION
#2
Feb 15, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Osbeli Raquel Diaz Fuentes. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Petitioner, # 3 Exhibit A, # 4 Exhibit B, # 5 Declaration of Counsel, # 6 TRO Checklist, # 7 Proposed Order)(Reynolds, Keli) (Entered: 02/15/2026)
Main Document: MOTION
#3
Feb 17, 2026
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 3/23/2026. (Attachments: # 1 Litigant Letter) (Deputy Clerk KEZ) (Entered: 02/17/2026)
Main Document: Prisoner New Case Documents for DJ Presider
#4
Feb 17, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Calvin Lee, GOVT for Pamela Bondi,Calvin Lee, GOVT for Orestes Cruz,Calvin Lee, GOVT for Executive Office for Immigration Review,Calvin Lee, GOVT for Immigration & Customs Enforcement,Calvin Lee, GOVT for Todd M. Lyons,Calvin Lee, GOVT for Kristi Noem,Calvin Lee, GOVT for U.S. Department of Homeland Security,Calvin Lee, GOVT for Warden, Golden State Annex Detention Facility (Lee, Calvin) (Entered: 02/17/2026)
Main Document: DESIGNATION
#5
Feb 17, 2026
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Anonymous) (Entered: 02/17/2026)
Main Document: CONSENT/DECLINE
#6
Feb 17, 2026
MINUTE ORDER issued by Courtroom Deputy for Chief District Judge Troy L. Nunley on February 17, 2026: This matter is before the Court on Petitioner's Ex-Parte Motion for Temporary Restraining Order ("TRO"). (ECF No. 2 .) The Court has reviewed Petitioner's motion and finds Petitioner has met his burden establishing a TRO is warranted under the factors articulated in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Petitioner has established: (1) a likelihood of success on his claims that Respondents violated the Immigration and Nationality Act and/or the Fifth Amendment Due Process Clause; (2) Petitioner will suffer irreparable harm in the absence of a TRO; (3) the balance of equities tip in Petitioner's favor; and (4) a TRO is in the public interest. The Court has repeatedly ruled on the issues presented in the instant case. See, e.g., Morales-Flores v. Lyons, No. 1:25-CV-01640-TLN-EFB, 2025 WL 3552841, at *3 (E.D. Cal. Dec. 11, 2025). Accordingly, Petitioner's Motion for TRO is GRANTED. To return Petitioner to the status quo ante litem, Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner under the same conditions he was released prior to his current detention. At the time of release, Respondents must return all of Petitioner's documents and possessions. Respondents are ENJOINED and RESTRAINED from re-arresting or re-detaining Petitioner absent compliance with constitutional protections, including seven-days' notice and a pre-deprivation hearing. Respondents are further ORDERED TO SHOW CAUSE why the Court should not grant the Petition for Writ of Habeas Corpus and enter judgment in favor of Petitioner. Respondents shall file responsive papers by February 20, 2026. Petitioner may file a reply by February 25, 2026. The parties shall indicate whether they waive a hearing. Petitioner shall immediately serve this Order, along with Petitioner's A # and all documents filed in this case, on Respondents with a copy via email to: usacae.ecf2241-imm@usdoj.gov. Respondents may apply to the Court for modification or dissolution of the TRO on two days' notice to Petitioner. Fed. R. Civ. P. 65(b)(4). The bond requirement of Fed. R. Civ. P. 65(c) is waived. SO ORDERED. (TEXT ONLY ENTRY) (Deputy Clerk MDK) (Entered: 02/17/2026)
Feb 17, 2026
Minute Order AND Order on Motion for TRO

Parties

(HC) Diaz Fuentes
Party
Noem
Party